Fired over misappropriation - can't get p45 or wages

LegacyUser

I need some help.

I was fired from work 3 weeks ago for Gross Misconduct. Misappropriation of company funds (cash rich business- went unnoticed for 5 weeks). I'm not going to start making excuses, I was completely in the wrong - the details are as follows. Friend was in trouble financially - asked me for a quick loan - gave him 3000 and 3 weeks later another 3000. I had intended to replace it before it was noticed.

This was discovered one afternoon - i told some lies to try and cover my tracks but eventually came clean. I told my friend i needed the money back in a hurry and the next morning went and got a bank draft for 6000 and gave it to my boss. Boss lodged it.

I wasn't let go immediately - I was in the middle of a project in work. So was kept on for another week to finish it under a supervisor, no access to cash or stock. (I wasn't told it was just to finish up was given the impression that I was under probation again and would keep my job)

As soon as my work was done I was told that "head office" had gotten wind of my actions and I was to leave immediately - boss told me I was lucky he wasn't getting the guards involved, that the internal investigation was still ongoing. Got a letter two days later outlining the chain of events and just basically documenting that they had sacked me and why.

Now - please don't get on the high horse and tell me what I done was wrong or how stupid I was to do it. Believe me, I know.

My question is:

I am having a lot of trouble getting my wages, outstanding holiday pay and p45 from the company - is this money/document in any way linked to the "ongoing investigation" i.e. can they keep it until the investigation is concluded (there is nothing else for them to uncover, I think they are dragging it out for the sake of it)

Would i be wise to just stay quiet over my money, for fear of them getting the guards involved? (I think that is their plan)

The company say that I am liable for the cost of the investigation - and that if there is any money left over after all is finished and when it suits them then i might get something. Is this legal for them to do, and again should I just keep quiet for fear of garda involvement?

Eoin

I really think you need to seek professional advice immediately. Not only have you been let go, but the company might even progress this further. Plus there's the question of your right to appeal etc.

It sounds seriously messy, and I don't think anyone here can give better advice than an employment lawyer.

krd

They have to give you your P45.


They may be paranoid that you've been running an ongoing scam, and you've only been caught out once, and they've been losing money all the time.

People can, and do, embezzle for years without getting caught. They may be scratching their heads to think how you were doing it, and covering your tracks. They're probably looking for something that hasn't happened.

tenchi-fan

Usually they are not permitted to make unauthorised deductions from your salary.

However, I can see why they don't want to pay you until they can balance the books. If I were your employer, I'd be certain to hold onto any cash I owed you until I was certain that you did not steal anything else from me. It is a lot easier to plug a hole in the accounts by simply taking money from you than to notice the missing amount at a later date.


The P45 cannot be prepared until your final pay has been determined.

It's unlikely you will get your P45 before the end of the year.. there generally is no urgency and no timeframe specified in employment law to provide you with this document. Next year you won't need a P45 anyway as it's a new tax year.

The only reason I can see that you would need a P45 before then is to claim the dole, and even then there can be a 9-week exclusion period if you get fired for gross misconduct.

All in all, given the nature of the investigation I think it's reasonable that they are holding off paying you. Sit tight, hopefully they won't call the guards.

thesimpsons

I'd agree though that they are probably double checking everything else over the year to ensure there wasn't something they missed. Employer could quite easily give you a P45 now based on payments to date and if and when you get holiday pay and any other entitlements, a supplementary P45 could be done. If you need the P45 for SW purposes, you could suggest this to them.

castie

What would happen if they gave him the P45 including the pay he was owed but he never recieved it?

thesimpsons

castie wrote: »

What would happen if they gave him the P45 including the pay he was owed but he never recieved it?

that would be a false P45 and how would it be explained to SW that while the P45 says these figures, they really only got X amount.

Mrs OBumble

castie wrote: »

What would happen if they gave him the P45 including the pay he was owed but he never recieved it?

I'm no lawyer, but wouldn't that be fraud?

daheff

the op would still be entitled to the P45 with the amount EARNED stated on it. whether some of it is witheld for whatever reason doesnt change the fact of what was earned and the op should still receive the P45